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LICENCE
AGREEMENT
FOR THE USE OF THE NATIONAL LIBRARY OF AUSTRALIA
CD ROM PUBLICATION ENDEAVOUR: CAPTAIN COOK'S JOURNAL 1768-71
WITHIN LIBRARIES
This is an agreement
between the NATIONAL LIBRARY OF AUSTRALIA of Canberra, ACT 2600,
herein called the 'Supplier' and
____________________________________________________
herein after called
the 'Library'.
I. The Product
This agreement concerns the CD-ROM product known as
Endeavour:
Captain Cook's Journal 1768-71 ('Product')
The Product comprises
one CD-ROM disc packaged to include a 16 page booklet only.
II. The Agreement
The Parties agree that in consideration of payment ___________ of the
Library is licensed to use the Product in accordance with the terms and
conditions expressed in Part III of this Agreement.
III. The Terms
and Conditions
1) Commencement and
Duration
i) This agreement
will commence when signed by all Parties and will continue indefinitely
or until terminated by the Supplier.
2) Conditions of
Access and Use
i) The Library
may not lend the Product.
ii) The Library may provide its users with access to the Product only
by single terminal access within the Library.
iii) The Library and its users may make any 'normal' use of the Product,
including loading, running, viewing, searching, and listening.
iv) The library and its users may, where the purpose is research or
study and not commercial, use the Product by means of downloading hardcopy
(ie print) reasonable portions of the information contained in the Product's
Print Option. For the purpose of this clause "reasonable portion" shall
have the same meaning as it has in Section 10 (2) of the Copyright Act.
v) The Library may not use the Product for purposes associated with
the creation of another commercial database.
vi) The Library may not decompile, disassemble, of reverse engineer
the Product.
vii) The Library is not permitted to produce backup or working copies
of the Product.
3) Ownership of the
Product
i) Ownership of
copyright and related rights in the Product is not affected by this
agreement.
ii) Ownership of the CD-ROM passes to the Library.
4) Customer Support
and Product Updates
i) The Supplier
will replace any CD-ROM found to be defective or containing faults within
7 days of return of the same.
5) Responsibilities
of the Library
i) The Library
will take all reasonable steps to ensure that the Product is not used
otherwise than in accordance with the terms and conditions of this agreement.
ii) The Library will ensure that a warning about copyright and license
provision regulating the use of the Product is brought to the attention
of any users of the Product.
iii) The Library recognises that the rights of the Supplier and other
third party contributors to the Product may be affected by the unauthorised
use of the Product. It therefore agrees to indemnify the Supplier from
the claims of such third parties that arise directly as a result of
wilful or reckless infringement by the Library of this agreement.
6) Supplier's Warranties
i) Save that the
Supplier warrants that the Product will be and perform substantially
as advertised or promoted, the Supplier makes no warranty as to the
accuracy or completeness of the Product or its fitness for particular
purpose, nor does the Supplier assume liability for any direct, indirect
or consequential loss out of the use of the Product.
7) Termination
i) If the Library
breaches this agreement the Supplier may, upon 7 days notice and without
prejudice to ant other rights or remedies available to it, elect to
terminate this agreement.
ii) Within 7 days of termination, the Library must destroy all copies
of the CD ROM and cease to use or permit the use of the Product.
8) General
i) This agreement
and the licence contained in it may not be assigned.
ii) All notices must be in writing and forwarded by prepaid post to
the last known address of the relevant Party.
iii) Unless the context otherwise requires, references to the singular
include references to the plural, and vice versa.
iv) The Parties accept no responsibility for breach of this agreement
which occur as a result of circumstances beyond their control, including
without limitation war, terrorism, riots, civil disturbances, strikes,
industrial action, and acts of God.
v) Any term or condition found to be void or unenforceable shall be
modified or severed from this agreement in order that all remaining
terms and conditions continue in full force and effect.
vi) This agreement is to be governed by the laws of the Australian Capital
Territory.
vii) This agreement contains the entire agreement and understanding
of the Parties.
Signed for and
on behalf of Supplier
___________________________________
Date____________________
Signed for and
on behalf of Library Date
___________________________________
Date____________________
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